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elected. They shall not be allowed any fees or perquisites of office, nor hold any other office, nor hold any office of trust or
profit under the State or the United States.
Sec. 11. The Circuit Court shall have jurisdiction in all civil and criminal cases, the exclusive jurisdiction of which
may not be vested in some other court provided for by this Constitution.
Sec. 12. The Circuit Courts shall hold their terms in each county, at such times and places as are, or
may be, prescribed by law.
Sec. 13. The State shall be divided into convenient circuits, each circuit to be made up of contiguous
Counties, for each of which circuits a Judge shall be elected; who, during his continuance in office, shall
reside in and be a conservator of the peace within the circuit for which he shall have been elected.
Sec. 14. The circuit courts shall exercise a superintending control and appellate jurisdiction over county,
Probate, Court of Common Pleas, and Corporation Courts and Justices of the Peace; and shall have power to issue,
hear and determine all the necessary writs to carry into effect their general and specific powers, any of
which writs may be issued upon order of the Judge of the appropriate court in vacation.
Sec. 15. Until the General Assembly shall deem it expedient to establish Courts of Chancery, the Circuit
Courts shall have jurisdiction in matters of equity, subject to appeal to the Supreme Court, in such
manner as may be prescribed by law.
Sec. 16. A Judge of the Circuit Court shall be a citizen of the United States, at least twenty eight
years of age, of good moral character, learned in the law, two years a resident of the State, and shall
have practiced law six years, or whose service upon the bench of any court of record, when added to the
time he may have practiced law, shall be equal to six years.
Sec. 17. The Judges of the Circuit Courts shall be elected by the qualified electors of the several circuits,
and shall hold their offices for the term of four years.
Sec. 18. The Judges of the Circuit Courts shall at stated times, receive a compensation for their services
to be ascertained by law; which shall not, after the adjournment of the first session of the General Assembly,
be diminished during the time for which they are elected. They shall not be allowed any fees or
perquisites of office, nor hold any other office of trust or profit under this State or the United States.
Sec. 19. The Clerks of the Circuit Court shall be elected by the qualified electors of the several counties, for the term of
two years, and shall be ex-officio clerks, of the County and Probate Courts, and Recorder; provided, that in any county
having a population exceeding fifteen thousand inhabitants, as shown by the last federal census, there shall be elected
a County Clerk, in like manner as clerk of the Circuit Court, who shall be ex-officio clerk of the Probate Court of
said County.

Following adoption of the 1868 Constitution, the Republican government under Governor Powell Clayton took power. Republicans generated enormous state debt on construction projects. Criticism arose over new laws empowering former slaves and women while disfranchising former Confederates. Conservatives formed secret organizations such as the Ku Klux Klan to intimidate Republican voters. Governor Clayton called out the militia to suppress Klan activities, but Republicans could not bring an end to the violence. Internal divisions further impacted the Republicans’ control.

Conservatives accused Republicans of political corruption, and the Conservatives’ power grew. The 1872 election proved to be a political nightmare for the Republicans. Governor Powell Clayton moved to the U.S. Senate in 1871, and by the time of the election of 1872, the Arkansas Republicans split into two factions. Elisha Baxter led one faction, known as the Minstrels. The other group, called the Brindletails, supported Joseph Brooks. Voter fraud and intimidation ran rampant at the election, but after two months of certifying results, the state election commission declared Baxter the winner. Brooks challenged the vote, but Baxter took office in January of 1873.

Baxter attempted to reconcile the Republicans and Conservatives, and as a result, began to lose support within his Republican party. Alternatively, during the campaign Brooks promised to restore voting rights and give amnesty to former Confederates, but later somewhat altered his thinking on the issue. As a result, Baxter’s supporters turned to Brooks, and Brooks’ supporters aligned with Baxter.

Brooks won a court decision and along with a group of armed men, physically removed Baxter from the State House on April 15, 1874. Fighting erupted on the streets of Little Rock with both men claiming the governorship. The incident and resulting skirmishing became known as the Brooks-Baxter War.

Finally, after several weeks’ delay, President Ulysses S. Grant gave Baxter his support and asked Brooks’ men to disband. Baxter returned to the State House, and in May 1874, the legislature called for a June 30 election to decide whether to hold a constitutional convention. A landslide victory in favor of drafting a new constitution paved the way for the formation of a new Arkansas government.

The Constitutional Convention assembled at the State House on July 14, 1874. Republicans who had supported Elisha Baxter and Conservative Democrats joined together in efforts to positively change laws implemented with the 1868 Constitution. Grandison Royston of Hempstead County was elected chairman of the convention, and was the only delegate who had also been a member of the 1836 convention. In his acceptance speech, Royston called for a constitution providing for a government under which “the people shall be the source of power.” After two months of deliberations, the new constitution was completed. The voters of Arkansas ratified the document in an October 13, 1874, election.

The 1874 Constitution attempted to limit the power of state government. New laws restricted what government could do. Some refer to the document as the “Thou shalt not” constitution because many provisions are written in the negative. In financial matters for example, “Neither the State nor any city, county, town, or other municipality in this State shall ever loan its credit for any purpose whatever.” The constitution gave Arkansas citizens more control over public officials by reducing terms from four years to two and increasing the number of officials subject to election. Substantially weakened by many of the provisions, the governor’s office became largely an honorary position until the twentieth century. The new constitution also tried to curtail corruption, largely in reaction to Reconstruction-era spending. The huge debt incurred in the years after the Civil War made financial issues extremely important. Salaries of state officials were fixed and had to be approved by the General Assembly. The number of offices was reduced to improve efficiency and reduce costs. And, taxes became more uniform throughout the state.

Enactment of the 1874 Constitution marked the end of Reconstruction in Arkansas. The document still governs the state today.

Description

The fifth and current Constitution of the State of Arkansas, framed and adopted by the convention which assembled at Little Rock, July 14th, 1874, and ratified by the people of the state, at the election held Oct. 13th, 1874.

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elected. They shall not be allowed any fees or perquisites of office, nor hold any other office, nor hold any office of trust or
profit under the State or the United States.
Sec. 11. The Circuit Court shall have jurisdiction in all civil and criminal cases, the exclusive jurisdiction of which
may not be vested in some other court provided for by this Constitution.
Sec. 12. The Circuit Courts shall hold their terms in each county, at such times and places as are, or
may be, prescribed by law.
Sec. 13. The State shall be divided into convenient circuits, each circuit to be made up of contiguous
Counties, for each of which circuits a Judge shall be elected; who, during his continuance in office, shall
reside in and be a conservator of the peace within the circuit for which he shall have been elected.
Sec. 14. The circuit courts shall exercise a superintending control and appellate jurisdiction over county,
Probate, Court of Common Pleas, and Corporation Courts and Justices of the Peace; and shall have power to issue,
hear and determine all the necessary writs to carry into effect their general and specific powers, any of
which writs may be issued upon order of the Judge of the appropriate court in vacation.
Sec. 15. Until the General Assembly shall deem it expedient to establish Courts of Chancery, the Circuit
Courts shall have jurisdiction in matters of equity, subject to appeal to the Supreme Court, in such
manner as may be prescribed by law.
Sec. 16. A Judge of the Circuit Court shall be a citizen of the United States, at least twenty eight
years of age, of good moral character, learned in the law, two years a resident of the State, and shall
have practiced law six years, or whose service upon the bench of any court of record, when added to the
time he may have practiced law, shall be equal to six years.
Sec. 17. The Judges of the Circuit Courts shall be elected by the qualified electors of the several circuits,
and shall hold their offices for the term of four years.
Sec. 18. The Judges of the Circuit Courts shall at stated times, receive a compensation for their services
to be ascertained by law; which shall not, after the adjournment of the first session of the General Assembly,
be diminished during the time for which they are elected. They shall not be allowed any fees or
perquisites of office, nor hold any other office of trust or profit under this State or the United States.
Sec. 19. The Clerks of the Circuit Court shall be elected by the qualified electors of the several counties, for the term of
two years, and shall be ex-officio clerks, of the County and Probate Courts, and Recorder; provided, that in any county
having a population exceeding fifteen thousand inhabitants, as shown by the last federal census, there shall be elected
a County Clerk, in like manner as clerk of the Circuit Court, who shall be ex-officio clerk of the Probate Court of
said County.